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<br />acceptance or administration of MTrust's duties hereunder, including the cost and <br />expense, including its counsel fees, of defending itself against any claim or liability <br />in connection with the exercise or performance of any of its powers or duties under <br />this Agreement. <br /> <br />Section 5.07. Interpleader. <br /> <br />The Issuer and MTrust agree that MTrust may seek adjudication of any <br />adverse claim, demands or controversy over its persons as well as funds on deposit in <br />either the District Court of Travis County, Texas, or the United States Federal <br />District Court for the Western District of Texas; waive personal service of any <br />process; and agree that service of process by certified or registered mail, return <br />receipt requested, to the address set forth in this Agreement shall constitute <br />adequate service. The Issuer and MTrust further agree that MTrust has the right to <br />file a Bill of Interpleader in any court of competent jurisdiction to determine the <br />rights of any person claiming any interest herein. <br /> <br />Section 5.08. Depository Services. <br /> <br />It is hereby represented and warranted that, in the event the Bonds are <br />otherwise qualified and accepted for Depository Trust Company or equivalent <br />depository trust service by other organizations, MTrust has the capability and, to <br />the extent within its control, wi1l comply with the operational arrangements, which <br />establishes requirements for securities to be eligible for such typed depository trust <br />services, including but not limited to, requirements for the timeliness of payments <br />and funds availability, transferred turnaround time, and notification of redemptions <br />and calls. <br /> <br />ARTICLE SIX <br />MISCELLANEOUS PROVISIONS <br /> <br />Section 6.01. Amendment. <br /> <br />This Agreement may be amended only by an agreement in writing signed by <br />both of the parties hereof. <br /> <br />Section 6.02. Assignment. <br /> <br />This Agreement may not be assigned by either party without the prior written <br />consent of the other. <br /> <br />Section 6.03. Notices. <br /> <br />Any request, demand, authorization, direction, notice, consent, waiver or <br />other document provided or permitted hereby to be given or furnished to the Issuer <br />or MTrust shall be mailed or delivered to the Issuer or MTrust, respectively, at the <br /> <br />2430f <br /> <br />-9- <br />